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Originally Posted by Drolefille
Just read about that. Yay for DOMA's downfall. I hope it stands.
And Kevin, odds are the Prop-8 case will hit the Supreme Court IMO (And I thought people got upset about activist judges "wanting to strike a blow for gay rights" or otherwise.)
I'm honestly surprised DOMA's never gone down under the FF&C bit of the Constitution. The damn thing was written basically to break that clause.
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The FF&C area is a bit wishy washy. If one state doesn't recognize such unions at all, why should it be required to recognize a union contracted elsewhere? I think it's an interesting area to look at and I'd love to see some law review articles on the subject (but I haven't).
As a family lawyer, I'm in favor of gay marriage, because it means gay divorce, meaning I suddenly have a larger client base. I already handle divorces for gay clients though, we just treat it as a dissolution of partnership.